Regulatory Re-think –Balancing Business andCommunity Values

2011 APA FLORIDA ANNUAL CONFERENCE 2:30p - 3:45pSeptember 8, 2011

Overview

IntroductionReview of Initiatives

City of Port St. LucieMartin CountySt. Lucie CountyPalm Beach County

Questions and Answers

Panelist

Daniel L. Holbrook, AICP, City of Port St. Lucie

Nicki B. van Vonno, AICP, Martin CountyRebecca Miller, St. Lucie County EDC,

Miller Permitting and Land Development, LLC

Joshua I. Long, AICP, Gunster, P.A.

Presenter’s Review

Set local stage Activities Products Best/worst practices

Why do we plan?

“There is nothing more difficult to take in hand, more perilous to conduct, or more uncertain in its success, than to take the lead in the introduction of a new order of things. Because the innovator has for enemies all those who have done well under the old conditions, and lukewarm defenders in those who may do well under the new.”

Machiavelli, 1515

Einstein’s 3 rules of work

Out of clutter, find simplicityFrom discord, find harmonyIn the middle of difficulty

lies opportunity

Community Values

ResidentsBusinessesTouristsEnvironmentOthers

Why should we re-think?

Because chaos existsThings changeHow people utilize land changesBudget cutsNeed to evaluate the effectiveness of

regulations and process to the goals of the organization

“The art of progress is to preserve order amid change and to preserve change amid order.”

Alfred North Whitehead

• Until 1950’s - Agriculture•1957 - First residents•1961 - City charter adopted (50 Sq. Miles)•2006 - Citywide utilities installation completed

City StatsPopulation = 166,041Size = 114 sq. milesHousing Units = 70,877Housing Vacancy Rates = 14.1%Vacant Land = +26,000 acres

Actions City Council approval for action plan Self examination Stake holder interviews Research and analysis Findings and recommendations City Council update and direction Implementation

Port St. Lucie

New Codes Tree Preservation Dumpster/Recycling Enclosure Create a single application fee for the City Expanded uses in non-residential zoning

districts

Port St. Lucie

Educational Land Development Process Training New Business Training (English, Spanish, and

Creole) You Tube explanation videos Pre-application meetings Sufficiency Checklists

Port St. Lucie

Organizational and Process Changes Public Works and Engineering were combined

and Utilities Engineering Services was relocated to the municipal complex.

Internal routing of permit reviews Engineering now issues clearing permits

instead of Building Dept. Reduce staff review time Negotiating a new Impact Fee agreement with

the County

Port St. Lucie

Using Technology Website Updates www.cityofpsl.com Online project tracking Active development applications map Online applications that you can type and save Email staff comments vs. hard copy or fax

Port St. Lucie

Best Practices Use Technology Identify problem areas Customer Guidance

Cards Submittal Schedules Its ok to experiment Comprehensive input

when re-thinking and upper management direction

Worst Practices Multiple fees for one

application Requiring applicants

to pick up their permits to transfer to another department

Port St. Lucie

List of Schedules

Sufficiency Check List

Martin County

Florida American Planning Association Chapter Annual ConferenceSeptember, 2011

Martin County

Martin County: Martin County: Enjoy Our Good Enjoy Our Good Nature.Nature.

In the forefront of Florida planning since the early 1970s when Martin County began to adopt environmental and development controls, and began acquiring conservation, beach and park lands. Strong proponent of growth management.

Martin County

Martin County: Martin County: Enjoy Our Good Enjoy Our Good Nature.Nature. four-story height limit

countywide an urban service district

boundary that limits the area of urban development

strong environmental regulations

Strong community activism

Martin County

Martin County: Enjoy Our BAD REPMartin County: Enjoy Our BAD REPKnown widely as:

BureaucraticDifficult Slow Litigious

In Response:

County Commissioners 2007 Strategic Objective: Reengineer the development review process

Martin County

Activities to accomplish reengineering Activities to accomplish reengineering began in 2007 and still ongoingbegan in 2007 and still ongoing

Work Plans that included quarterly updates to BCC; at one point weekly meetings with County Administrator.

Focus Group Meetings with development community.Interviews of stakeholders, including staff and public.Extensive staff involvement in reengineering

activities.Revisions to Codes, website, and applications. Extensive training opportunities including LEAN

Training attended by staff.Development and monitoring of metrics.

Martin County

Specific Work Products to Reengineer Specific Work Products to Reengineer Review processesReview processes

EAR based Amendments to Comprehensive Plan.Expedited Processing of development

applicationsReduced and revised Fees.Implemented Permit Ready Industrial Parks,

Small Business Bill of Rights (SBBOR) and LSTAR Ordinances.

Redesigned website and applications for easier use.

Martin County

EAR Based AmendmentsEAR Based Amendments to Comprehensive Growth Management Plan to Comprehensive Growth Management Plan

to promote balanced, orderly, sustainable economic growth …. The Economic Element is an integral part of the County’s Comprehensive Growth Management Plan (CGMP) and is not an isolated set of policies. This and other elements of the CGMP form a system of development management, which includes the CGMP, Land Development Regulations, and concurrency management necessary to achieve a principal goal of economic development.

Martin County

Strengthened Objectives/Policies in Strengthened Objectives/Policies in Economic Element to:Economic Element to:

Maintain and enhance programs for expansion of economic base.

Provide incentives and remove disincentives.Promote economic diversity.Continue to promote tourism.Retain, expand, and recruit targeted businesses.Commercial and industrial inventory.Consider high priority of employment related sites

when reviewing CPA, rezonings, and site plans.

Martin County

Martin County

Objectives/Policies in Objectives/Policies in FLUE to:FLUE to:

Encourage renewable energy resources in all future land use designations.

Craft LDRs to guide mixed-use development in commercial areas outside CRAs.

Provide zoning districts for research and development.

Martin County

Revised Development Review Procedures in LDRs Revised Development Review Procedures in LDRs

Eliminated Development Review Committee; replaced with Joint Workshops with applicant and internal review team meetings.

Added Sufficiency Check of applications.Revised thresholds of projects.Expanded list of activities that don’t require

site plan approval.Further reduced timeframes for targeted

business projects within CRA areas, and green development.

Martin County

Martin County

Revised Development Review Procedures in LDRs Revised Development Review Procedures in LDRs continued continued

Eliminated Master Plan requirement for Major Developments.

Allowed two re-submittals for projects to be approved: further review costs a re-submittal fee.

Allowed minor corrections to related documents without new submittals.

A three year one-time time extension approved via Ordinance assisted property owners as well.

Martin County

Martin County

Reduce (but not eliminate) FeesReduce (but not eliminate) Fees

Adopted Impact Fee Schedule reduced non-residential fees by 31%.

DR fees updated and revised.

Martin County

Expedited Processing for Economic Expedited Processing for Economic Development Actions by BCCDevelopment Actions by BCC

Cut staff review timeframes by 42 percent.

Done under separate BCC Strategic Objective on Economic Development.

Memo of Understanding (MOU) with Florida Office of Tourism Trade and Economic Development (OTTED) adopted 7/2008.

Martin County

Martin County

Small Business Bill of RightsSmall Business Bill of RightsResulted in revisions to Zoning Code,

Parking Standards and Adequate Public Facilities in LDRs.

Better defined changes in use.Streamlined the requirements relating

to traffic impacts, parking requirements, and impact fees.

Reorganized parking LDR and updated traffic study section.

Martin County

LSTAR Zoning Code ChangeLSTAR Zoning Code Change• Identified life science and targeted

businesses in multiple zoning districts, thereby eliminating rezoning process.

• Allowed two options for development of LSTAR at final site plan review.

• Allows alternative compliance to easily convert existing site to LSTAR project.

Martin County

Revamped Web SiteRevamped Web Site• Establishment of

web site• Consolidates all

development review information

• Provides easy to follow information required for permitting expansions and new facilities.

Martin County

Questions ?

Martin County Martin County Means Business!Means Business!

Martin County

FP&L Solar FacilityFP&L Solar FacilityFirst site plan application

expedited under new streamlined process.

$480 million project.Construction commenced

December 2, 2008, with completion scheduled for the end of 2010.

1,000 construction jobs and several full time positions after completion.

Martin County

Martin County

River Forest Yachting CenterRiver Forest Yachting CenterExpedited building

permit review. + $250,000

construction project.Adding several

services that require skilled workers.

Martin County

Liberator Medical SupplyLiberator Medical SupplyBuilding permit

expeditedCurrent employment

is 121. Quick Response

Training Grant of $134,000 to help train the 200 new, permanent, full-time employees it plans to hire during the next 24 months.

Martin County

Vought Paint Booth Vought Paint Booth Expedited site plan

review.$12.9 million taxable

investment by Vought.

100 direct jobs during next three years.

Martin County

Turbo CombustorTurbo CombustorExpedited site plan

review for new 19,000 square foot building and parking lot.

Recent job growth from 350 to 376 employees.

Martin County

Awareness Technology: Awareness Technology: 1st LSTAR • Expedited conversion of

grocery store site in a PUD to accommodate expansion plans for local company producing clinical laboratory instrumentation.

• "Support such as this should bode well for Martin County's economic future," the company said in a news release. (Stuart News 5/17/11)

Martin County

Questions ?

Questions???Questions???

St. Lucie County EDC

Palm Beach County Regulatory Climate Committee ("RCC")

Joshua I. Long, AICP

Gunster Law Firm

Palm Beach County – Regulatory Climate Committee ("RCC")

History

 

Economic Council of Palm Beach County Commissioned Market Street Study

 

Market Street Findings

 

"In Business, Perception Is Reality”…..Cumbersome development rules in certain areas Damaged reputationModest collaboration

 

Damage To Economy?  Losing Business To Other Areas In The State, Or Nationwide.

Palm Beach County was Fighting:Cheaper land;Cheaper housing;Property insurance costs;Faster approvals;Corruption scandals;Perceived as more “business friendly”

RCC FormedMission

 To Identify Issues And Present Solutions As It Pertains To The Regulatory Process In Order To Improve Business Development And Economic Growth Within PBC.Understand effects of Reg. Review on Business Development, both Private & PublicIdentify Best Practices, Private & PublicEstablish Public/Private Communication Buy in from municipalities  (38 in PBC)

oPresentations to IPARC and City Managers Association

 

Steering Committee

 Public / Private PartnershipMeets Monthly - "Keep the momentum alive”Works on Key Issues and Conducts Research and Analysis

RCC Programs

One on one interviews

Stakeholder workshop

Subgroup workshops

Surveys (Directors and CEO's)

RCC InterviewsMethod of Interviews

Same questions for everyoneAnonymousAdministered by same sector

and discipline

Who Responded

37 Private Sector37 Public SectorMix of Disciplines and Government

Agencies

Interview Categories:

 Customer ServiceCommunicationProcess & PredictabilityDocuments & Interpretation

Interview Report42 page report

Identified challenges and

opportunities

Identified Public and Private

Sector Similarities and Differences

Results:

BroadProfession specificExisting StrugglesBest Practices

All reports and materials are available at www.economiccouncilpbc.org

RCC Stakeholder Workshop

Public/Private Stakeholder Workshop

 

1/2 day workshop

115 Participants

Charrette style break out groups

 

Workshop Stakeholders

 

Local Government / Department Heads

Private Clients

Elected Officials

City and County Managers

Builders / Developers

Design Team / Architects / Planners

Contracted Private Consultants who conduct public sector reviews

Neighbors

Advisory Boards

League of Cities

Business Forum (Economic Council, Gold Coast Builders Association, ABC, AGC, etc.)

RCC – Subgroups Formed 

Planners, Landscape Architects and Land Use Lawyers

Engineers and Architects

Building Department and Inspectors

Each Subgroup met several times to fine-tune survey and workshop findings for their profession

Planning and Zoning Subgroup

Customer Service, Communication, Interpretation

Director Interpretation on Code and Process Application

Ongoing Training for Staff

Standard Methodology of Communication via Email, Memo, Letter (Internal And External)

Clear Job Description/Responsibility for Staff

Project Management/Coordination Meeting with Staff and Applicant

Established policy in follow up (email, phone, meetings)

Role of Elected Officials (training on goals of organization and communication with staff)

Opportunity for input from Public before application approval

Broadcasting of hearings and meetings

Calendar of hearings/meetings/submittals

Surveys (on customer service, code amendments)

Other:  (Public-Private "Bill of Rights" – Professionalism, Accountability, Responsiveness, Ethics, Communication)

Planning and Zoning Subgroup

Documents and Processes

 Processes clearly established in Ordinance

Application Flow Charts

Flexibility by Staff in enforcing Process or Minor Changes.  (Code vs. Internal Policy Memo)

On Call Planner to respond to general questions

Pre-Application Meetings to review applications with applicant and agent

Standardized Comments and Conditions of Approval

Confirmation Letters for applicant on a use or a process

Submittal checklists

Electronic Applications (typable forms, e-attachments of applications)

Electronic Submittal of Application

Expedited Approval Processes

Electronic Site Plan Amendments

Planning and Zoning Subgroup

Technology

 Electronic database to maintain applications

Electronic Discussion Board (e.g. Microsoft SharePoint or Adobe collaboration)

Video/Teleconferencing

Websites

Streamline Webcasting Meeting and Hearings

Hardware / Software Compatibility

Public/Private Regulatory Climate Survey

Surveys based on Palm Beach County Regulatory Climate Committee

workshop results from May 2010

Surveys sent to Directors, CEO level officials

Purpose -  to identify best practices, not critique shortcomings

 

Public Sector

 38 surveys sent to Planning/Zoning Directors - December 2010

14 of 38 municipalities (36.8%) completed survey

Top three topics from Public Sector Survey:Accountability and ResponsibilityProcessTechnology

 

Private Sector

 22 surveys sent to Principals/CEO's/Shareholders - February 2011

16 of 22 (72.7%) completed survey

Top three topics from Private Sector Survey results:CommunicationExpedited ReviewsAdherence to Project Schedules

RCC Results & Future

Centralized Contractor Certification

One registration location for all departments to referenceConfirm licenses, Insurance, Business Tax ReceiptsMaintained by PBC Contractor Certification Department

Universal Building Permit Application

One form used by all building departments county-wideBased on state-statute, with contractor and building official inputDraft has been approved by Building Officials Association, final approval expected this month

Second Stakeholder Workshop planned for Spring 2012

Palm Beach County Universal Building Permit Application (DRAFT)

Questions or Comments?

Should projects be rated based on their economic development value for review priority?

Is it a good idea to not require landscaping upgrades on redevelopment projects and allow owners 6 months to come into compliance and issue a temporary C.O.?

Do you always need to go through a regulatory rethink, ineffective management scenario?

Does fast track reviews create jobs or economic growth?

Continued discussion…

Next session 4:00p - 5:15p

Reduce Process, Not Planning: Providing Business Friendly Customer Service, a how to approach